Pocket Guide to Unfair Practices: California Public Sector (6th ed., 2018)

$30.00

By Carol Vendrillo and Eric Borgerson

Updated by Kerianne Steele and Anthony Tucci
6th edition, 2018

SKU: UFPR18 Category:

Description

This guide provides a comprehensive look at the unfair practices created by state laws.  This new edition covers:

  • Important recent developments in California’s public sector labor law, such as: the Public Employee Communication Chapter, which expands the rights of exclusive representatives and restricts certain activities by employers; “mandatory access” to the “onboarding process” of new public-sector employees (i.e., new employee orientations); and Senate Bill 866, passed to mitigate the loss of agency fees in light of the Janus decision.
  • Case law developments in discrimination, bypassing of exclusive representative, DFR, impasse procedures, and more.
  • Each of the eight primary statutes that regulate public employment relations in California: EERA, HEERA, Dills, and MMBA; as well as newer statutes such as the Trial Court Employment Protection and Governance Act (TCEPGA), the Trial Court Interpreter Employment and Labor Relations Act (TCIELRA), the Los Angeles Country Metropolitan Transportation Authority Transit Employer-Employee Relations Act (TEERA), and the Judicial Council Employer-Employee Relations Act (JCEERA).
  • Updated statutory and regulatory text; the unfair practice sections of the acts; a guide to cases further elaborating what conduct is unlawful; and a glossary defining labor relations terms.

 

Table of Contents
Introduction 1
1. Unfair Practices 3
A. Unfair Practices Under the PERB-Administered Statutes 5
B. Types of Unfair Practices 8
1. Duty to bargain 8
a. Scope of bargaining 8
b. Good faith bargaining 11
c. Unilateral action 12
2. Duty to participate in impasse procedures 15
3. Duty to provide information 17
4. Strikes and other concerted activities 19
a. Strikes under EERA, HEERA, and the Dills Act 19
b. Strikes under the MMBA 21
c. Strikes under TCEPGA and TCIELRA 21
d. Strikes under TEERA 21
5. Protected activities 22
a. Interference with protected activity 23
b. Discrimination or reprisal for protected activity 24
6. Interference with union’s rights 25
a. Access to work site 26
b. Right to information 27
c. Released time 27
7. Employer domination of, and assistance to, union 28
8. Duty of fair representation 29
9. Bypassing the exclusive representative 33
a. Going to hearing 102
2. Enforcement 34
A. PERB Jurisdiction 34
B. PERB Unfair Practice Procedures 37
1. Filing a charge 37
2. Issuing a complaint 38
3. Time requirements 39
4. Deferral to arbitration 41
5. Dismissal of the charge 43
6. Answering the complaint 43
7. Going to hearing 44
8. The hearing 44
9. ALJ’s decision 45
10. Appeal to the board 46
11. Reconsideration of a decision 47
C. Judicial Review of PERB Decisions 47
D. MMBA, TCEPGA, and TCIELRA 48
3. Statutory and Regulatory Language 50
A. Educational Employment Relations Act (EERA) 48
B. Ralph C. Dills Act 52
C. Higher Education Employer-Employee Relations Act (HEERA) 55
D. Meyers-Milias-Brown Act (MMBA) and Implementing
PERB Regulations
55
E. Employee Relations Ordinance of the County of Los Angeles 63
F. Employee Relations Ordinance for the City of Los Angeles 65
G. Trial Court Employment Protection and Governance Act
(TCEPGA) and Implementing PERB Regulations
66
H. Trial Court Interpreters Employment and Labor Relations Act
(TCIELRA) and Implementing PERB Regulations
72
I. Transit Employer-Employee Relations Act (TEERA) 78
4. Cases 80
A. Bypassing the Exclusive Representative 80
B. Discrimination for, or Interference With, Protected Activity 81
C. Duty of Fair Representation 87
D. Duty to Bargain in Good Faith 90
E. Duty to Furnish Information 99
F. Duty to Participate in Impasse Procedures in Good Faith 100
G. Employer Domination of, or Assistance to, Union 102
H. Public Employment Relations Board Procedure 104
I. Strikes and Other Concerted Activities 107
V. Glossary of Terms 112
VI. Table of Cases 122
VII. Index of Terms 137

Additional information

Weight 0.625 lbs
Dimensions 10 × 6 × 0.5 in